Providence Car Accidents Attorney: Top Causes of Car Accidents in America

car accidents in america car accidents in america Providence Car Accidents Attorney: Top Causes of Car Accidents in America landry image 2Now more than ever Americans are in the pursuit of making money to make ends meet. This means more and more people are multitasking. They juggle between responding to emails, text messages, making phone calls and rushing to complete things faster and effectively. However, when it comes to driving, people are not slowing down and accidents are now more than ever on the increase.

It’s estimated that 10 million people get into car accidents every year. According to the center for disease control and prevention, car accidents are the leading cause of teenage deaths. With that in mind, below are the three top causes of car accidents in America.

Top 3 Causes of Car Accidents in America

  1. Drunk Driving

This is probably one of the most dangerous behaviors on the road today. According to Mothers Against Drunk Driving, [Read more…]

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Providence Car Accident Attorney: Reporting an accident to the DMV?

providence car accident attorney providence car accident attorney Providence Car Accident Attorney: Reporting an accident to the DMV? landry image 3The moment you get into an accident in Providence, RI, you need to act responsibly and adhere to the state law. We have a few guidelines and requirements that you need to follow in case you get into an accident.

First

You should never [Read more…]

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The Three Types of Distracted Driving: Visual, Manual, and Cognitive

distracted driving  The Three Types of Distracted Driving: Visual, Manual, and Cognitive landry image 4When you are behind the wheel, everyone expects you to pay attention to the road and to do your best to avoid distractions that might lead to a nasty accident. Unfortunately, so many things can distract you even when it’s not intentional. You must keep your eyes on the road and focus on safe driving.

With that in mind, let’s take a look at the three types of distracted driving:

Types of Distracted Driving

1. Visual Distraction

This is probably one of the most common type of distractions for drivers. Visual distractions are things that [Read more…]

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Top Ten Reasons You Need A Plymouth Car Accident Attorney

Top Ten Reasons You Need A Plymouth Car Accident Attorney landry image

Upset driver After Traffic Accident

If someone injured you through their negligence in driving a vehicle, then you have rights under the law. You want to make sure to protect those rights after a car accident so you don’t end up paying- financially and personally- for someone else’s careless driving behavior. In some cases, you made need to sue after a car accident. Read on for the top 10 reasons why hiring an attorney after a car accident will help protect your rights.

1. You have only a limited time to sue: In most states, the statute of limitations for filing a car accident claim is between [Read more…]

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Providence Wrongful Death Lawyer:Can Medical Malpractice be Wrongful Death?

providence wrongful death lawyer providence wrongful death lawyer Providence Wrongful Death Lawyer:Can Medical Malpractice be Wrongful Death? landry imageIf you lost a loved one due to someone else’s negligence, a Providence wrongful death lawyer can help you get the compensation that you deserve. They can help you get compensation for any lost earnings, funeral and medical bills and so much more. However, what if you took your loved on to hospital but they did not survive because the doctor or medical staff was negligent? Can wrongful death be medical malpractice?

The short answer is yes, it can. However, there is a huge difference between the two and once you understand what the differences are, you will know what to expect out of your case.

What is Wrongful Death?

In a wrongful death case, you can file a lawsuit to imply that [Read more…]

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Survival Actions vs. Wrongful Death Claims

Survival Actions vs. Wrongful Death Claims landry image 4You may be familiar with the idea that, if a person dies as the result of a personal injury, his or her estate can bring what is called a wrongful death lawsuit. You may also have heard of the legal case called a survival action. But what really is the difference between the wrongful death action and the survival action?

Both wrongful death and survival actions are [Read more…]

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Plymouth Wrongful Death Lawyer: How a Wrongful Death Lawsuit Works

wrongful death lawsuit wrongful death lawsuit Plymouth Wrongful Death Lawyer: How a Wrongful Death Lawsuit Works landry image 1You can file a wrongful death lawsuit in Plymouth, MA, against someone who negligently or willfully caused the death of your loved one. If you are a representative of the deceased’s estate, you can file a lawsuit on behalf of the surviving family members and any other person affected by the sudden death.

When Can You File a Wrongful Death Lawsuit?

You can file a wrongful death claim when your loved one suffers an accident only for them to die because of someone else’s intentional harm or negligence. In other words, what could have been a personal injury claim, turned into a wrongful death claim. Certain situations can turn a personal injury claim into a wrongful death lawsuit including:

  1. Intentional Harm

Take the example of the OJ Simpson case. He was acquitted of all murder charges in 1995 and because of the double jeopardy laws, it’s illegal to try someone for the same crime twice even if new evidence is found. However, a wrongful death lawsuit was brought against him and he was found liable for the deaths of Ron Goldman and Nicole Brown Simpson.

  1. Medical Malpractice

If a doctor doesn’t provide adequate care or fails to diagnose a condition resulting in death of the patient, then a wrongful death lawsuit can be brought against him/her.

  1. Car Accident

If your loved one dies because of a car accident, you can file a wrongful death lawsuit against the driver responsible for the accident.

These are just a few examples of situations that can lead to wrongful death claims. You can file a wrongful death claim out of any personal injury situation that results in death. However, you cannot file a wrongful death claim for work related injuries that lead to death. The workers compensation system typically handles such situations.

What must be Proven in a Wrongful Death Lawsuit?

In order to hold someone liable in a wrongful death claim in Plymouth, MA, you must show beyond reasonable doubt that they owed your loved one a duty of care, they breached this duty, their breach resulted in the death of your loved one and the death caused the damages that you are trying to recover.

Can You File a Wrongful Death Claim?

If you are a representative of the deceased’s real estate, you can file a claim on behalf of his/her survivors who had a close relationship with him/her. Massachusetts law only allows immediate family members to make wrongful death claims. These include:

  1. Parents of biological or adoptive children
  2. Adopted or biological children
  3. Spouses
  4. Same sex partners in a civil union
  5. Estate executor

There are exceptions to the rule if the deceased did not have a surviving parent, child or spouse.

What Damages are You Entitled to?

Damages in a Plymouth, MA, wrongful death lawsuit can compensate for:

  1. Reasonable burial and funeral expenses
  2. Counsel, advice, guidance, comfort, companionship and the care that your loved one would have provided to his/her family members
  3. The value of income your loved one could have reasonable expected to earn in their lifetime.

If the court finds the person liable for your loved ones death did it willfully, maliciously or acted negligently, you might be awarded punitive damages. You will receive a minimum of $5, 000 in punitive damages although there are instances where courts have awarded much higher amounts.

Punitive damages are not meant to compensate you for burial and funeral expenses, care and lost income; they are meant to punish the person responsible for the premature death of your loved one and to serve as a deterrent for such behaviors.

What is the Time Limit for Filing a Wrongful Death Lawsuit in Plymouth, MA?

The deadline for filing a wrongful death lawsuit in Massachusetts is three years from the date of death or from the date you knew a wrongful death claim was available. This date is very crucial when filing a death claim so you should speak to a Plymouth wrongful death lawyer as soon as possible to make sure your claim is properly prepared and filed before time is up.

The Plymouth wrongful death lawyers at Kevin P Landry Law Offices will fight for your rights in your case. We always serve the best interests of our clients and help them collect the damages they need and deserve to move on with their lives. Contact us today to schedule your free initial legal consultation- 508-746-2700.

[Read more…]

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When Can You Sue a Nursing Home for Negligence in Providence?

When Can You Sue a Nursing Home for Negligence in Providence? landry image 2

Happy female caretaker assisting senior man in using Zimmer frame at nursing home yard

A nursing home, convalescent home, rest home, or elder care facility can be held legally responsible — meaning that a personal injury or medical malpractice lawsuit can be filed — when an act of negligence, neglect, or abuse on the premises ends up causing harm to a patient or resident.

What Behavior Can Lead To A Civil Lawsuit?

There are countless accidents, intentional acts, and [Read more…]

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Proving Wrongful Death in a Civil Case in Plymouth, MA

Proving Wrongful Death in a Civil Case in Plymouth, MA landry image 3If a person’s death is caused by the negligence of another person or entity, the surviving family members usually have the right to bring a civil lawsuit seeking damages from the responsible person. This type of lawsuit is called a wrongful death case. Each state has [Read more…]

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New Bedford Workers Compensation Lawyer: Basics About Workers’ Compensation Case

workers compensation case workers compensation case New Bedford Workers Compensation Lawyer: Basics About Workers' Compensation Case landryimages 2

image via ccib insurance

If you are thinking of filing a workers compensation case in New Bedford, MA, you might have a few questions on your mind like how much money you are going to get and how to go about settling your case. Below are some of the basics that you should know.

You Will Lose Your Weekly Benefits

Once you decide to settle your workers compensation case outside the courtroom, you can’t file for a personal injury lawsuit. In addition, [Read more…]

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